The reports, documents and records published by the Pyithu
Hluttaw or under its authority shall be privileged
YANGON, 20 Dec — The following is the presentation on
clarification made by National Convention Convening Work Committee Chairman on
detailed basic principles for legislation of Pyithu Hluttaw and Amyotha Hluttaw
to be included in the judicial sector in formulating State Constitution by
Member of the National Convention Convening Commission Supreme Court Judge Dr
Tin Aung Aye at the Plenary Session of the National Convention held on 14
December.
I would like to explain the procedures to be carried out when
there arise a case to arrest a member of the Pyithu Hluttaw or the Amyotha
Hluttaw.
Sub-Article (A) of Article (59) of the 1974 Constitution said
that if need should arise to arrest any member of the Pyithu Hluttaw while it is
in session, reliable evidence in support of such need shall be produced before
the Panel of Chairmen. No such arrest shall be made without the prior approval
of the Panel of Chairmen. And Sub-Article (B) said that if need should arise to
arrest any member of the Pyithu Hluttaw belonging to any organs of the Pyithu
Hluttaw, while such organ is in session, reliable evidence in support of such
need shall be produced before the Council of State. No such arrest shall be made
without the prior approval of the Council of State. And Sub-Article (C) said
that if any member of the Pyithu Hluttaw is arrested while the Pyithu Hluttaw or
any organ of the Assembly to which he belongs is not in session the arrest and
reliable evidence in support thereof shall be submitted to the Council of State
as soon as possible.
In my clarification to the Chapter of the Pyidaungsu Hluttaw,
I suggested that a detailed basic principle should be adopted that if it is
needed to arrest a member attending a session of the Pyidaungsu Hluttaw, or a
person attending a Hluttaw session under the permission or invitation of the
Speaker of the Pyidaungsu Hluttaw, reliable evidence are to be submitted to the
Speaker. And such a member or person shall not be arrested without the prior
approval of the Speaker. Members of the Pyithu Hluttaw and the Amyotha Hluttaw
shall have access to such privilege. A detailed basic principle should be
adopted that if it is needed to arrest a member of the Amyotha Hluttaw attending
a session of the Pyithu Hluttaw or the Amyotha Hluttaw or a person attending a
Hluttaw session under the permission or invitation of the Speaker of the Hluttaw,
reliable evidences shall be submitted to the Speaker, and such a member or
person shall not be arrested without a prior approval of the Speaker.
The Pyithu Hluttaw and the Amyotha Hluttaw have Hluttaw
committees, commissions and bodies consisting of Hluttaw members. A principle
shall be adopted that should need arise to arrest a member of such a committee,
commission or body while the Hluttaw committees, commissions and bodies are in
session, prior approval of the Speaker of the Hluttaw shall be sought through
the head of respective committees, commissions and bodies.
According to the detailed basic principle adopted in the
legislative formation that the Pyithu Hluttaw and the Amyotha Hluttaw have the
right to form commission and bodies with Hluttaw members and suitable citizens
if they need to study the matters except the matters Hluttaw committees are
studying, if there is a commission or body comprising citizens serving as
members and attending a session of the commission or a body, such citizens of
the commission or body shall have equal rights with Hluttaw members while the
commission or body is in session.
A detailed basic principle shall be adopted that if it is
needed to arrest a Hluttaw member while a Hluttaw is not in session, reliable
evidences shall be submitted to the Speaker. With respect to the procedures to
be carried out if it is needed to arrest a member of the Pyithu Hluttaw or the
Amyotha Hluttaw or a member of a commission or bodies formed by a Hluttaw,
discussions are to be held and proposals to be submitted to decide the point
that the detailed basic principle:
Pyithu Hluttaw
(a) If there arises a need to arrest a Pyithu Hluttaw member
attending a Pyithu Hluttaw session or a person attending the Pyithu Hluttaw
session with the permission or at the invitation of the Pyithu Hluttaw Speaker,
the reliable evidence shall be submitted to the Pyithu Hluttaw Speaker. He shall
not be arrested without prior permission of the Pyithu Hluttaw Speaker.
(b) If there arises a need to arrest a member of a committee
or commission or organization formed by the Pyithu Hluttaw attending a session
of the committee or commission or organization, the reliable evidence shall be
submitted to the Pyithu Hluttaw Speaker through the head of the committee or
commission or organization concerned. He shall not be arrested without prior
permission of the Pyithu Hluttaw Speaker.
(c) If there arises a need to arrest a member of Pyithu
Hluttaw or committee, commission or organization when the Pyithu Hluttaw or the
committee or the commission or the organization is not in session, reliable
evidence in support of such arrest shall promptly be submitted to the Pyithu
Hluttaw Speaker.
Amyotha Hluttaw
(a) If there arises a need to arrest a Amyotha Hluttaw member
attending a Amyotha Hluttaw session or a person attending the Amyotha Hluttaw
session with the permission or at the invitation of the Amyotha Hluttaw Speaker,
the reliable evidence shall be submitted to the Amyotha Hluttaw Speaker. He
shall not be arrested without prior permission of the Amyotha Hluttaw Speaker.
(b) If there arises a need to arrest a member of a committee
or commission or organization formed by the Amyotha Hluttaw attending a session
of the committee or commission or organization, the reliable evidence shall be
submitted to the Amyotha Hluttaw Speaker thorough the head of the committee or
commission or organization concerned. He shall not be arrested without prior
permission of the Amyotha Hluttaw Speaker.
(c) If there arises a need to arrest a member of Amyotha
Hluttaw or committee, commission or organization when the Amyotha Hluttaw or the
committee or the commission or the organization is not in session, reliable
evidence in support of such arrest shall promptly be submitted to the Amyotha
Hluttaw Speaker.
should be adopted or not.
I would like to explain the matters on the reports,
publications and Hluttaw records published and distributed by the Pyithu Hluttaw
and the Amyotha Hluttaw.
In my clarification to the Chapter of the Union Hluttaw, I
explained that in many world nations, Hluttaws exercise a privilege of exemption
from being charged regarding the publications and records published and
distributed by them. Sub-Section (1) of Section (68) of the 1947 Constitution
said that no person shall be so liable to in respect of publication by or under
the authority of a Chamber of the Parliament of any report, paper, votes, or
proceedings. And Section (70) said that all official reports and publications of
the Parliament or of either Chamber thereof shall be absolutely privileged.
In my explanation on sessions of the Pyithu Hluttaw and the
Amyotha Hluttaw, I made a suggestion that a detailed basic principle be adopted
that if the activities and records of the Pyithu Hluttaw and the Amyotha Hluttaw
are not banned by a law or a decision of a Hluttaw, they shall be known to the
public.
It shall be a privilege of exemption from being charged
regarding the publications and Hluttaw records published and distributed by
Hluttaws so as to let the people know the activities and records of Hluttaws.
In relation to the reports, publications and records
published and distributed by or under the authority of the Pyithu Hluttaw and
the Amyotha Hluttaw, discussions are to be held and proposals to be submitted so
as to decide the point that the detailed basic principle:
Pyithu Hluttaw
The reports, documents and records published by the Pyithu
Hluttaw or under its authority shall be privileged.
Amyotha Hluttaw
The reports, documents and records published by the Amyotha
Hluttaw or under its authority shall be privileged.
should be adopted or not.
Based on the findings and reviews I have explained, I would
like to present the detailed basic principles as a whole that shall be adopted
regarding the proceedings for the legislative functions of the Pyithu Hluttaw
and the Amyotha Hluttaw that are to be included in the legislation of the
Constitution as follows:—
1. (a) The first regular session of the Pyithu Hluttaw shall
be convened within 90 days after the general election commences.
(b) (1) The term of the Amyotha Hluttaw commences on the
date on which the term of the Pyithu Hluttaw commences.
(2)The first regular session of the Amyotha Hluttaw shall be
convened within seven days after the commencement of the term of that Hluttaw.
2. (a) (1) The State Peace and Development Council shall
convene the first regular session of the Pyithu Hluttaw after the Constitution
has come into force.
(2) The Speaker of the Pyithu Hluttaw who continues to
perform his duties in accordance with provisions of this Constitution shall
convene first regular sessions for the next terms of the Pyithu Hluttaw.
(b) (1) The State Peace and Development Council shall
convene the first regular session of the Amyotha Hluttaw after the Constitution
has come into force.
(2) The Speaker of the Amyotha Hluttaw who continues to
perform his duties in accordance with provisions of this Constitution shall
convene first regular sessions for the next terms of the Amyotha Hluttaw.
3. (a) (1) Members of the Pyithu Hluttaw shall take oaths
before the Chairman of the Pyithu Hluttaw at the first regular session of the
Pyithu Hluttaw.
(2) The members of the Pyithu Hluttaw, who have not taken
oaths, shall take oaths before the Speaker of the Hluttaw at the session of the
Pyithu Hluttaw they first attend.
(b) (1) Members of the Amyotha Hluttaw shall take oaths before the Chairman of
the Amyotha Hluttaw at the first regular session of the Amyotha Hluttaw.
(2) The members of the Amyotha Hluttaw, who have not taken
oaths, shall take oaths before the Speaker of the Hluttaw at the session of the
Amyotha Hluttaw they first attend.
4. (a) The Speaker of the Pyithu Hluttaw shall convene
regular session of the Pyithu Hluttaw at least once a year. The interval between
two regular sessions shall not exceed 12 months.
(b) The Speaker of the Amyotha Hluttaw shall convene regular
session of the Amyotha Hluttaw at least once a year. The interval between two
regular sessions shall not exceed 12 months.
5. (a) The following matters are carried out at the sessions
of the Pyithu Hluttaw:
(1) Recording the address delivered by the President
(2) Reading out and recording the messages sent by the
President and the messages permitted by the Speaker
(3) Submitting, discussing and making decision on a bill
(4) Discussing and deciding the matters the Pyithu Hluttaw
shall implement in accord with the provisions of the Constitution
(5) Discussing, deciding and recording the reports presented
to the Pyithu Hluttaw
(6) Submitting proposals, holding discussions and making
decisions
(7) Raising questions and giving replies
(8) Implementing the matters permitted by the Speaker of
Pyithu Hluttaw
(b) The following matters are carried out at the sessions of
the Amyotha Hluttaw.
(1) Recording the address delivered by the President
(2) Reading out and recording the messages sent by the
President and the messages permitted by the Speaker
(3) Submitting, discussing and making decision on a bill
(4) Discussing and deciding the matters the National Hluttaw
shall implement in accord with the provisions of the Constitution
(5) Discussing, deciding and recording the reports presented
to the National Hluttaw
(6) Submitting proposals, holding discussions and making
decisions
(7) Raising questions and giving replies
(8) Implementing the matters permitted by the Speaker of
National Hluttaw
6. (a) (1) The first day session of the Pyithu Hluttaw is
valid if more than half the number of members who have the right to attend the
Pyithu Hluttaw session, are present. If a session is not valid it shall be
adjourned.
(2) The sessions that are adjourned under sub-para (1) due to
invalidity and the valid sessions that are extended are valid if at least
one-third of the Pyithu Hluttaw members are present.
(b) (1) The first day session of the Amyotha Hluttaw is valid
if more than half the number of members who have the right to attend the Amyotha
Hluttaw session, are present. If the session is not valid it shall be adjourned.
(2) The sessions that are adjourned under sub-para (1) due to
invalidity and the valid sessions that are extended are valid if at least
one-third of the Amyotha Hluttaw members are present.
7. (a) (1) Save as otherwise provided by this Constitution, a
matter that should be decided through voting shall be determined by a majority
of votes of the members present and voting.
(2) The Speaker of the Pyithu Hluttaw or the Deputy Speaker
discharging duties as the Speaker at the Pyithu Hluttaw shall not vote in the
first instance in the sessions of the Pyithu Hluttaw, but shall have and
exercise a casting vote in the matters of an equality of votes.
(b) (1) Save as otherwise provided by this Constitution, a
matter that should be decided through voting shall be determined by a majority
of votes of the members present and voting.
(2) The Speaker of the Amyotha Hluttaw or the Deputy Speaker
discharging duties as the Speaker at the Amyotha Hluttaw sessions shall not vote
in the first instance in the sessions of the Amyotha Hluttaw, but shall have and
exercise a casting vote in the matters of an equality of votes.
8. (a) (1) The Pyithu Hluttaw may declare the seat of a
member vacant in accord with the rules prescribed if he is absent, without
asking the Pyithu Hluttaw for leave, from a session for 15 days successively.
Provided that in computing the said period of 15 days no account shall be taken
of any period during which the session is prorogued or is adjourned.
(2) The Pyithu Hluttaw shall take action against a member in
accord with the rules prescribed if the Speaker of the Pyidaungsu Hluttaw
informed the Pyithu Hluttaw that that member is absent from the Pyidaungsu
Hluttaw session for a period of 15 consecutive days without permission of the
Pyidaungsu Hluttaw.
(b) (1) The Amyotha Hluttaw may declare the seat of a member
vacant in accord with the rules prescribed if he is absent, without asking the
Pyithu Hluttaw for leave, from a session for 15 days successively. Provided that
in computing the said period of 15 days no account shall be taken of any period
during which the session is prorogued or is adjourned.
(2) The Amyotha Hluttaw shall take action against a member in
accord with the rules prescribed if the Speaker of the Pyidaungsu Hluttaw
informed the Amyotha Hluttaw that that member is absent from the Pyidaungsu
Hluttaw session for a period of 15 consecutive days without permission of the
Pyidaungsu Hluttaw.